'While OCR claimed the letter was merely “guidance,” it carried with it the threat of a loss of federal funding for failing to comply. In the years after the guidance was issued, OCR opened more than 300 investigations into schools alleged to have violated Title IX by not adequately responding to accusations of sexual assault. In every investigation conducted by OCR, some violation of Title IX has been found, even if the findings are inconsistent with each other.

For example, in one finding, even OCR determined it was more likely than not that the accused student hadn’t committed sexual assault, but found the school in violation of Title IX because it did not immediately open an investigation (because the accuser didn’t want one) and because the school didn’t find the accused to be “not responsible” fast enough.

Schools, predictably, sign on to change their policies (often further reducing the due process rights of accused students) in order to satiate OCR and avoid losing federal funding.'

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